95-7690 R 1� 1�i A L RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred to
Comm.ittee: Date
1 WHEREAS, the Midway YMCA has received a 1994 City of
2 Saint Pau1 Chi1d Care Partnership Grant to replace children's
3 play equipment in its existing outdoor play area located on
4 property adjoining its facility at 1761 University Avenue, and
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WHEREAS, said play area is situated on City of Saint Paul
property known as Dickerman Park, and
WHEREAS, a children's play area is consistent with the
purpose of a public park, and
WHEREAS, the Midway YMCA agrees that said area is and will
be available for public use,
11 NOW THEREFORE BE IT RESOLVED, that the necessary City
12 officials are hereby authorized to enter into an agreement with
13 the Midway YMCA to provide for the YMCA's installation of new
14 children's play area equipment and maintenance of said play area.
Adopted by Council: Date �\� �� i--'
Adoption Certified by Council retary
By
-_� .-����
Approved May�r: at � �
BY � r'� L'
Council File # �� 1lO f
Green Sheet # J 3��!
lfl
Requested by:
Div' ion o s an ecreation
(
By.
Form Approved by City Attorney
BY� �_����?'� �19,5
Approved Mayor for Submission to
Cou
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By:
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DEPARTMENT/ppFICE/COUNCIL DATE INITIATED � N 3 3 2 61
Parks and Recreation 6/26/95 G EEN SHEE _
CONTACT PERSON 8 PHONE INITIHUDATE INITIAUDATE
�DEPARTMENTDIREGTOR �CRYCOUNCIL
JOh❑ W1Pkd 266-6411 A���N �CIiYATfORNEY �CRYCLERK
MUST BE ON CAUNCIL ACaENDA BY (DATE) �1YBER FOR � BUDGET DIRECTOP. � FIN. & MGT, SERVICES DIR.
ROUnNG
JUl 1995 oaoea MAVOR(ORASSISTANrJ � Parks & R red i ll
10TAL # OF SIGIiATURE PAGES 1 (CL1P ALL LOCATIONS FOR SIGTfATURE) .
ACTION RE�UE$'fED:
Approval of City Council Resolution authorizing execu±ion of agre?men� between City and
Midway YMCA.
RECAMMENDAnONS: npprove (A) w Rajeet (R) pEHSONAL SERVICE CONTflACTS MUST ANSW EH THE FOLLOWING QUES710NS:
__ PLANNING CqMMISSION __ CIVIL SERVICE COMMISSION 1. Has this persoNfirm ever worked under a contract for Mis tlepartment? -
CIB COMMITTEE YES NO
� Stn� 2. Has this person/firm ever been a city employee?
— — YES NO
_ DlSiaici CAUn7 _ 3. Does this personftirm possess a skill not normall ossessed ity p y�
y p by any current c' em lo ee.
SUPPORTS WHICH COUNCIL OBJECTIVE? ' YES NO
Explain all yas answe�s cn aeparate sheet anC attaeh te grean aheet
INITIATING PflOBLEM, ISSUE, OPP�RTUNITY (Who. Whel, W�B�, Where, Why):
Midway YMCA is replacing the equipment in its children's play area, which is located adjacent
to the YMCA building in Dickerman Park. Project is funded in par ity Child Care
Partnership Grant. Agreement provides for YMCA's installation and oing maintenance of
the equipment.
�UN 29 199�
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ADVANTAGES IFAPPROVED: ' � � � - '
Agreed upon equipment installation and maintenance responsibilities recorded. Permission
established for play area to occupy park site.
DISADVANTAGESIFAPPROVED: �
� ,�e�y
None ���
JUL � 7 1995
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OlSAOVANT0.GES IF NOT APPF30VE�:
Play area will continue to exist, without record of agreed upon responsibilities.
TOTAL AMOUNT OFTRANSACTION $ NA COST/REVENUE BUDGETED (CIqCLE ONE) VES NO
FUNDING SOURCE ACT{VI7Y NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
O6/27/95 15:52 FA% 612 646 5521 SAINT PAUL YMCA
r,a � �
�s- �� y
June 27, 1995
Midway
Family YMCA
1761 UnFvenity Avenue
Sc Paul, NIN SS1Q4-3599
612-6=t6-4557
FAX 612-636-5�21
SOYu1 i7i=ka
City of Saint Paul
300 Citp Hall Anaex
25 Rest Fovrth Street
Saint Paul, HIi SS1D2
Re: Midway YMCB Playgrovnd Rules
Dear Mr. Wirka,
As we disevssed, the foblowinq are rules ior the playground
agreed upon by the YMCA and the City of Saint Faul Parks and
Recseation.
The YMCA crill install and maiatai.n playground equipment,
which shall be made anailable without chazge for use by the
public - subject to rules, hours aad eonditions agreed upon by
both parties hezeto.
3 The Plapgtound will be open to the public
* The Playgronnd will be open normal park hours,
typically sunrise to sunset
• The YMCA will pzovide daily maintenance upkeep of
the playgraund
* The YMCA will inspect equipment daily and repair as
needed.
Thank you,
Sincerely,
����"7 "� �r/K<;t,c�
Brigid Nault
Branch Executive
v The missioa of ffie YMCA is top�u C4esnan pcuicipks inta
pncuce by bnildmg self-esteem. mutual respeLt end a sun�exr
commuoixy. YMCA p�ograms wide youtL, enrich families.
enLance health aud pmmore mtucult�al mderstanding.
(pr21)
Revised 5/22/95
Authority (C.F or A_O.)
Agreement NO.
FINANCE DEPT. Agreement NO. PR/21
DATE: _ July 1 1995
C�t3'� CITY OF SAINT PAUL
DEPARTMENI` OF PARKS AND RECREATION
LESSEE: MIDWAY YMCA
-- 1761 niversitv Avenue
— - - Saint Paul Minnesota 55104
c�.���
CITY OF SAINT PAUL
STA.NDARD REAL ESTATE
AGREEMENT
[1] Premises. The City, in consideration of the covenants and agreements herein contained, does
hereby pernut entry by the YMCA onto the premises descr�'bed below, hereinafter referred
to as the "Premises," whose address is:
tZl
Dickerman Park
and which is legaliy described as:
The northerly 44 feet of the easterly 75 feet of that part of Block 7, Dickerman Park,
an addition to the City of Saint Paul, Minnesota, lying south of L.ot A, Dickerman's
Rearrangement.
See Exhibit "A", plan or map of the area in question which is incorporated herein by this
reference.
Term of Apreement This agreement shall be in effect for a term commencing and ending
on the dates indicated below, unless terminatsd earlier by t�;,; C:t-y us p:ovided herein.
Term
(Months/Years)
5 years
Commencing Date
July 1, 1495
Ending Date
June 30, 2000
(3] Use of Premises. The YMCA shall use and occupy the Premises for the foliowing purpose:
and for no other purpose without the prior written consent of the City.
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[4] Access. At all times during the term of this agreement, the City shall have the right, by
iuel� its agents and empioyees, to enter into and upon the Premises during reasonable
business hours or, in the event of an emergency, at any time for any legitimate purpose.
[Sj Insurance. The YMCA shall acquire during the term of this agreement the following
coverage:
(1) The YMCA shali be responsible for the self insurance of, or the acquisition
of Commercial Property Insurance on, its personal property.
(2) COMPREHENSIVE GENERAL LIABILITY INSURANCE including
blanket contractual liability coverage, personal injury liability coverage and
broad form property damage liability endorsement with a combined single
limit of not less than $600,000 per occurrence shall be purchased by the
YMCA. Such insurance shall: (a) name the City of Saint Paul as insured; (b)
be primary with respect to the City's insurance or self-insurance; (c) not
exclude explosion, collapse and underground property damage; (d) be written
on an "Occurrence" Form policy basis; and (e) not contain an "aggregate"
policy limit unless specifically approved in writing by the City.
(3) The YMCA shall supply to the City current insurance certificates for policies
required; and said certificates shall certify whether or not the agent has errors
and omissions insurance coverage.
(4) The insurance limit cited shall establish the minimum; and it is the sole
responsibility of the YMCA to purchase and maintain additional insurance
that may be necessary in relation to this agreement.
(S) Nothing in this contract shall constitute a waiver by the City of any statutory
limits or exceptions on liabiliry.
(6) The YN1CA shall place the insurance with responsible insurance companies
authorized and licensed to do business in the State of Minnesota and
approved by the City, and shall deliver copies of the policies to the Caty on
the date of execution of this agreement by the YMCA. The policy required
shall be endorsed to indicate that the insurer cannot cancel or change the
insurance without first givina the City 60 days' written notice.
j6] Cancellation or Termination This agreement shall be subject to cancellation and
temunation by the City at a� time during the term hereof by giving the YMCA notice in
writing at ninety (90) days prior to the date when such termination shall become effective.
In the event of such termination, and on the effective date of such termination, the YMCA
shall have removed all its personal property and shail have restored the grounds to a
condition equivalent to the condition that prevai]ed prior to instal]ation of said personal
property.
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[7) N tice. All notices herein provided to be given, or that may be given by either party to the
other, shall be deemed to have been fully given when served personally on the City or the
YMCA, or when made in writing and deposited in the United States Mail, certified and
postage prepaid, and addressed to the YMCA at the address stated on page (1) and to the
City at the Department of Parks and Recreation, 300 City Hall Annex, Saint Paul,
Minnesota 55102. The address to wbich the notice shall be mailed may be changed by
written notice given by either party to the other. Nothing berein sball preclude the giving
of such address change notice by personal service.
[8] Assignment. The YMCA shall not assign any rights accorded to it by this Agreement without
the written consent of the City, which consent must be obtained prior to the execution by
the YMCA of airy agreement to assign its rights on the Premises.
[9] Maintenance and Repairs The YMCA shall, at its own cost and expense, be responsible for
all repairs, maintenance and upkeep of its playground equipment and the grounds on which
they will have been installed, including but not limited to emergency repairs of any kind, and
routine maintenance and repair to keep its equipment in good repair, safe and in
compliance with applicable fire, health, building and other life-safety codes. The foregoing
obligations shall bind the YMCA regardless of the cause of the damage or condition
necessitating the repair or maintenance.
[10] E�ension of Term At the conclusion of the Term of this Agreement, the YMCA may
request a five year extension, all other terms and conditions to remain in full force and
effect. Such request shall be reviewed by the City; and will be granted or denied based on
the performance by the YMCA in complying to the terms and conditions of this Agreement.
[ll] Surrender of Premises. The YMCA, at the expiration of said term, or a� sooner
termination of this agreement, shall quit peacefully and surrender said property to the City
in as good order and condition as prior to this Agreement.
[12] Indemniri: The YMCA agrees to indemnify, defend, save and hold harmless the City of
Saint Paul and arry agents, officers and employees thereof from all claims, demands, actions
or causes of action of whatsoever nature or character, arising out of or by reason of this
Agreement between the City and the YMCA, or the use of the herein described Premises.
It is fully understaod and agreed that the YMCA is aware of the conditions of the Premises
and accepts the same "as is".
[13] Holdover. Any holdover after the expiration of the term of this Agreement shall be allowed
only after receiving the written consent of the City. Said occupancy shall be deemed to be
from month-to-month. All other terms and conditions of this Agreement shall be applicable.
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[14j Pollution and Contaminants YMCA agrees to comply with all ordinances, laws, rules and
tegulations enacted by any governmental body or agency relating to the control, abatement
or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid
wastes.
YMCA shail bear all cosu and expenses arising from compliance with said ordinances, laws,
rules, or regulafions and shall indemnify, defend, save and hold harmless CI'TY from all
liability, incIuding without limitation, fines, forfeitures, and penalties arising from the failure
by YMCA to comply with such ordinances, laws, rules or regulations. CITY has the right
to perform cleanup and charge the YMCA as Additional Rent for such costs should the
YMCA fail to comply.
[15] Events of Default. The occurrence of airy of the following events during the term of this
Agreement shall constitute an event of default by the YMCA:
(A) the filing of a petition to have the YMCA adjudicated banlQUpt or a petition for
reorganization or azrangement under any laws of the United 5tates relating to
bankruptcy filed by the YMCA;
(B) in the event a petition to have the YMCA adjudicated bankrupt is filed against the
YMCA, the failure to dismiss such petition within ninety (90) days from the date of
such filing;
(C) the assets of the YMCA or of the business conducted by the YMCA on the Premises
be assumed by arry trustee or other person pursuant to airy judicial proceedings;
�D) The YMCA makes any assignment for the benefit of creditors;
(E) the failure by the YMCA to observe and perform any covenant, condition or
agreement on its part to be observed or performed as required by this Agreement;
or
(F) the failure by the YMCA pr its surety to discharge, satisfy or release airy lien or lien
statement filed or recorded against the Premises within sixty days after the date of
such filing or recording, whichever date is earlier.
Ii is an e�cpress covenant and agreement of the City and the YMCA that the City may, at
its election, terminate this Agreement in the event of the occurrence of a� of the events
described in this paragraph or elsewhere in this agreement relating to liens by giving not less
than ten days' written notice to the YMCA; and when so terminated, the City may reenter
the Premises. This Agreement and its Premises shall not be treated as an asset of the
YMCAs estate. It is further eacpressly understood and agreed that the City shall be entitled
upon such reentry, notwithstanding any other provision of this Agreement, to exercise such
rights and remedies as are provided in Paragraph [18] of this Agreement.
[16) Comoliance w�th Laws The property described herein may be used for only the purposes
stated herein. It is the sole and exclusive responsibility of the YMCA in the use of the
property to comply with all laws, rules, regulations or ordinances imposed by airy jurisdiction
affecting the use to which the property is proposed to be put.
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[17] Liens.'The YMCA shall not pemut mechanic's liens or other liens to be filed or established
or to remain against the Premises for labor, materials or services furnished in connection
with azry additions, modifications, improvements, repairs, renewals or repiacements made
to the Premises, or for arry other reason; provided that if the YMCA shall first notify the
City of its intention to do so and shall deposit in escrow with the City a sum of money or
a bond or irrevocable letter of credit acceptable to the City equal to the amount of the
claim of lien, the YMCA may in good faith contest any such c]aims or mechanic's or other
liens filed or established and in such event may permit the items contested to remain undis-
charged and unsatisfied during the period of such contest. If, in the opinion of the Citg the
nonpayment of a� such items subjects tbe Premises to arry loss or forfeiture, the City may
require the YMCA to use the escrow account to prompt]y pay all such unpaid items and if
the YMCA fails to pay from the escrow account, the City may pay and charge the YMCA
as Additional Rent.
[18] Default Remedies. In the event an Event of Default occurs under paragraph [15] of this
Agreement, the City may exercise any one or more of the following remedies:
(A) terminate this agreement and exclude the YMCA from the Premises.
(B) exercise any remedies available to it under the Minnesota Uniform Commercial
Code;
(C) take whatever action at law or in equity may appear necessary or appropriate to
enforce performance and observance of any obligation, agreement or covenant of the
YMCA under this Agreement.
No remedy herein conferred upon or reserved to the City is intended to be exclusive of am
other availabie remedy or remedies, but each such remedy shall be cumulative and shall be
in addition to every other remedy given under this Agreement or now or thereafter existing
at law or in equity by statute. No delay or omission to exercise arry such right or power
accruing upon any default shali impair any such right or power or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time to time and as
often as may be deemed eapedient. In order to entitle the City to exercise any remedy re-
served to it in this Provision, it shall not be necessary to give any notice, other than such
notice as may be herein expressly required.
[19] Amended. Anything herein contained to the contrary not withstanding, this Agreement may
be terminated, and the provisions of this Agreement may be, in writing, amended by mutual
consent of the parties hereto.
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IN WITNESS WHEItEOF, the parties hereto have set their hands and seals the day and year in
this Agreement first above-written.
City:
Mayor
City Clerk
Director of Pinance & Management Services
Department Director
City Attorney (Form Approval)
I'NICA:
Its
Its
Its
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